Study Bava Metzia folio 44A with parallel Hebrew-English text, traditional commentary, and modern study tools. Free access to Babylonian Talmud online.
Talmud: From where are these matters derived, that one is liable to pay for intent to misappropriate a deposit? It is as A baraita states: It is written with regard to misappropriation: “For every matter of [devar] trespass” (Exodus 22:8). Beit Shammai say: The term devar, literally, word, teache
If so, what is the meaning when the verse states “for every matter of trespass”? One might have thought: I have derived only that one is liable to pay if he misappropriated the deposit himself, but if he said to his slave or to his agent to misappropriate the deposit in his possession, from where i
§ The Mishnah teaches: If he tilted the deposited jug, he is liable to pay only for the wine that he took. Rabba says: The rabbis taught this halakha only if the jug broke. But if the wine in the jug fermented and spoiled, he pays for the entire jug. The Talmud asks: What is the reason for this ru
§ The Mishnah teaches: If one lifted the jug and took from it 1/4th-log of wine, he pays the value of the entire jug. Shmuel says: When the tanna said: And took from it, it is not that he actually took the wine from the jug. Rather, once he lifted it in order to take wine from it, although he did n
The Talmud asks: Shall we say that Shmuel holds that misappropriation does not require loss? The rabbis say: No, do not draw that conclusion. It is different here, since it is preferable for the bailee that all the wine in this jug will serve as a base for that quarter-log. Although his intent was